February 11, 2019
EDCAL 3
High school teacher cheers on Rams at Super Bowl
Lynwood High School teacher Brittany
Washington was on the biggest stage in
sports when she performed in front of
75,000 fans at Mercedes-Benz Stadium and
millions who tuned in across the country, as
a member of the Rams’ cheerleading squad.
Washington, Lynwood High’s Career
Technical Education dance instructor and
cheer coach, is a third-year cheerleader for
the Rams and a seasoned performer, but
she admits to crying tears of joy when she
learned she would be at the Super Bowl.
“I’m most looking forward to run-
ning out of that tunnel onto the field,” Washington said. “When that happens, I’ll
know that it’s real.”
When Washington emerged on the field,
it served as an inspiration to the many
students and Lynwood community mem-
bers cheering her on. Washington now
guides more than 170 students down their
own performance paths. The school’s dance
ensemble, considered the elite dancers of
the school since members must pass a
beginning dance class and an audition, take
part in more than 20 performances a year,
including sporting events and dance com-
petitions. “She really knows how to work
with us and make it fun no mat-
ter what we’re doing,” senior dance
student Kate Lyn Gomez said. “It’s
really cool that she gets to dance at
the Super Bowl.”
Washington trains twice per week
for 3.5 hours with the Rams in a role
that also includes promotional work
at events.
On the day of the Super Bowl, her
day was scheduled to begin five hours
before kickoff.
Lynwood USD schools were represented at the Super Bowl by
MARCH 15 preliminary March 15 notice. 35031, which requires a 45-day notice. If a
district wants to notice anyone with super-
intendent in their title, they are required to
give the individual a 45-day notice prior to
the end of their contract.
Finally, probationary, temporary and
substitute certificated administrators have
much fewer due process rights than other
employees. EC 44929.21 states that the
governing board shall notify the probation-
ary status employee, on or before March 15
of the second complete consecutive school
year, of the decision to reelect or not reelect
for the next succeeding school year.
Two more exceptions that are rarely uti-
lized would be the elimination of a Particular
Kind of Service (PKS) and the August 15
Layoff Process under EC 44955.5.
Continued from page 1
unless the signature of such an employee is
obtained by March 15 on such notice that
he/she may be released from his/her posi-
tion for the following school year, he/she
shall be continued in such position.”
So the notice may be delivered to the
employee in two ways?
Yes, either by registered mail or hand
delivered.
If the notice is sent by registered mail to
the employee’s last known home address,
it is the responsibility of the employee
to provide a current home address. If the
employee does not sign for registered mail
or does not retrieve it from the post office,
the district will have satisfied its obligation
by showing proof of mailing/delivery to the
employee’s last known address.
If the notice is hand delivered, the dis-
trict must obtain a signature from the
employee signifying they have received it.
It should be noted that if the district asks
for the signature from the employee and
the employee refuses, the district has met
its obligation.
Best legal practices suggest districts
document “proof of service” in all cases of
hand delivery to verify they have met their
obligation.
What if the district fails to ask for a
signature on hand delivery?
The employee is then considered to not
have received proper notice and is therefore
continued in the same position for the
next school year. In a 1980 court case, the
Court of Appeals ruled that the provisions
of EC 44951 are “mandatory” and are to be
strictly construed. In this particular case,
the employee was neither given the notice
by registered mail, nor was she asked to sign
the form.
In a lower court ruling, the Superior
Court found she had been improperly
removed from assignment as a principal and
reassigned to a teaching position as of July 1
because the notice did not comply with the
specific requirements of EC 44951.
Can the preliminary notice also serve
as the final notice?
Yes, if the action taken by the board states
the employee will be reassigned, demoted or
terminated vs. “may be reassigned.”
There seems to be some confusion as
to whether an employee who has received
a positive evaluation can still be given a
March 15 Notice. Can you clarify this?
The courts have ruled, in simple terms,
that there isn’t a connection between a
March 15 Notice and the administrator
having received a positive evaluation. The
one exception is when an administrator
is being demoted to a teaching position
and the reasons include incompetency. An
evaluation of the person shall have been
completed not more than 60 days prior to
giving the notice of the transfer.
Are there any exceptions to the steps
you have outlined for the March 15 Notice?
Yes, administrators working in county
offices of education are not required to
receive a March 15 Notice unless they had
previously been employed in a teaching
position by the county superintendent and
are being reassigned back to the classroom.
Because the Education Code doesn’t
speak to a required March 15 Notice for
administrators in county offices, we must
rely on a 1985 court case, Harris v. State
Personnel Board, which included a finding
that since there was an absence of mention
of the March 15 requirement, then a “rea-
sonable” notice must be given.
Although this case refers to a state uni-
versity system, it has the same implications
for county offices in that neither entity is
mentioned in the Education Code regard-
ing the March 15 Notice for administrators
who haven’t taught for the entity. It should
be noted there are some county offices of
education that have policies following the
procedure of a March 15 Notice.
Another exception is any administrator
who has “superintendent” in his/her title is
also not included in the March 15 Notice
process. This group is referred to in EC
high school CTE teacher Brittany Washington, who is part of
the Rams’ cheerleading squad.
What happens if a district gives an
administrator with “superintendent” in
his/her title a March 15 Notice instead of
the 45-day notice (normally around May
15)?
The district has given an improper notice.
The courts have been very clear that these
notices must be given properly in accor-
dance with the Education Code. Proper
notice for someone with superintendent in
their title would be EC 35031 and not EC
44951 (otherwise known as “the March 15
Notice”).
What advice do you have for adminis-
trators who suspect they may be receiving
a March 15 Notice?
Before you take any action, call the
ACSA Member Assistance and Legal
Support Team at (800) 608-ACSA. ACSA’s
Joanne Godfrey will assign you to one of
the advocates.
2019 NASS/ACSA Federal
Advocacy Conference
September 15-17, 2019
Hotel Palomar | 2121 P Street, NW | Washington, D.C.
For more information
and to register, visit:
www.nass.us/ignited
Is the district required to give reasons
for the March 15 Notice?
Yes and no. If the employee is to be
demoted to a teaching position the answer
is yes. EC 44896 entitles an employee
whose position requires an administrative
or supervisory credential to a statement of
reasons from “the governing board” when
demoted to a teaching position. If the
employee is being terminated or demoted to
another administrative or supervisory posi-
tion, the answer is no.
What reasons must a district give for
reassignment to the classroom?
The courts have stated, “Except when
the reason is one that impinges upon con-
stitutional rights, any reason, no matter how
trivial, is sufficient.” This means, “We are
moving in a different direction” would be
sufficient.
Does the board have to approve the
preliminary March 15 Notice?
No, but the board must approve the
second step in the process, which is final
notice with the specific action to be taken,
prior to July 1. It is customary, however, in
most districts for the board to approve the
“ACSA is important to me because the organization puts our
students fi rst. While leadership opportunities are valuable
for our own networking and growth, the professional
development workshops ensure that we are meeting our
students’ academic and social emotional needs and preparing
them to impact the real world.”
Jonathon Brunson
Assistant Superintendent of Human Relations
Milpitas USD